Bryan P. Schwartz bryan-schwartz.com Bryan P. Schwartz: Curriculum Vitae Asper Chair of International Business and Trade Law University of Manitoba Faculty of Law Room 454, Robson Hall Winnipeg, MB R3T 2N20 Phone: (204) 474-6142 Fax: (204) 480-1084 Email: [email protected] Counsel Pitblado LLP Barristers & Solicitors 2500-360 Main Street Winnipeg, MB R3C 4H6 Phone: (204) 956-0560 Fax: (204) 957-0227 Email: [email protected] Education Mediation for Professionals Certificate (250 program hours; GPA: 4.0) 2019 S.J.D. Faculty of Law, Yale University 1986 LL.M. Faculty of Law, Yale University 1986 LL.B. Faculty of Law, Queen’s University 1978 Major Awards and Honours ● Barney Sneiderman Award for Teaching Excellence at Robson Hall 2015 law School (Inaugural Winner) ● Appointed Endowed Chair in International Business and Trade Law 1999 (terms of reference require scholar and teacher of international stature) ● Rh Institute Award for Excellence in Scholarship in the Humanities 1989 ● Honorary Induction into Phi Delta Phi Legal Fraternity 2006 ● Visiting Scholar Rothberg School, Hebrew University of Jerusalem 2015 - Present ● Visiting Professor, Interdisciplinary Centre, Herzliyah, Israel 2011 ● Canadian University Professor of the Law, University of Manitoba 1999 (Official Nominee) ● Received excellence awards from the University of Manitoba for research, community service or combination of teaching, research and community service (issued on an annual and competitive basis to less than 2% of the university-wide faculty) Page 1 of 14 Bryan P. Schwartz bryan-schwartz.com Appointments and Positions Held Professorial Appointments ● Asper Professor of International Business and Trade Law Robson 1999 - Present Hall, Faculty of Law, University of Manitoba (Fully Endowed Chair) ● Professor, Faculty of Law, University of Manitoba 1987 - Present ● Associate Professor, Faculty of Law, University of Manitoba 1984 - 1987 ● Assistant Professor, Faculty of Law, University of Manitoba 1981 - 1984 ● Visiting Professor, Law School, Interdisciplinary Center, Israel 2011 ● Visiting Scholar, Hebrew University of Jerusalem 2015 - Present Editorial Appointments ● Founding and Continuing Co-Editor-in-Chief Asper Review of 2001 - Present International Business and Trade Law ● Founding Editor and Continuing Editor in Chief Underneath the 2000 - Present Golden Boy ● Co-Editor-in-Chief, Manitoba Law Journal 2011 - Present Practising Legal Counsel ● Called to the Ontario Bar 1981 ● Called to the Manitoba Bar 1984 ● Honorary Phi Delta Phi Legal Fraternity Member 2006 ● Counsel, Pitblado LLP, Winnipeg MB 1994 - Present Practice focus: Legislation and Public Policy, Labour, Constitutional, Administrative, Aboriginal and Corporate Commercial Law, Indigenous Law ● Former Chair, Constitutional and International Law Section 1987 - 1989 Canadian Bar Association Arbitrator ● Roster of Labour Adjudications – Canadian Labour Code 1992 - Present (unjust dismissals, unpaid wages, authored several dozen published decisions) ● Panel Chair, Under the Canadian Agreement on International Trade 2010 Alberta v. British Columbia ● Arbitral Tribunal Member-Investor State Arbitration Panel, NAFTA 2008 - Present Investor State Bilcon of Delaware et al v. Canada ● Arbitral Tribunal Member, NAFTA Investor-State Arbitration Panel 1999 - 2004 S.D. Myers Inc v. Canada Experience and Areas of Interest Teacher Areas of teaching over the years have included: Page 2 of 14 Bryan P. Schwartz bryan-schwartz.com ● Constitutional Law ● Charter of Rights ● Legislative Process ● Public International Law ● International Trade Law ● International Business Law ● Private international Law ● Internet and E-Commerce Law (including Cybersecurity) ● Labour law ● Indigenous Law (Domestic, Comparative and International) ● Contracts ● Legal Systems ● Comparative Constitutional Law ● Law and Religion ● Alternate Dispute Resolution (including Arbitration, Negotiation, Mediation) ● Jessup Moot, Vis Moot, Niagara Moot Scholar Authored numerous books and articles topics including: ● Constitutional and International Law ● Legislative Process and Public Policy ● Democratic and Voting System Reform ● Indigenous Law ● Administrative Law ● Legal Philosophy ● International Business and Trade Law ● Law and Literature ● Law and Religion ● Health Law ● Legal Professionalism and Ethics Practice Client base: ● Acted as legal or policy advisor to major organizations including: Government of Canada, Manitoba, Saskatchewan, Yukon, Nunavut Arbitration Board, Assembly of First Nations, Assembly of Manitoba Chiefs, as well as numerous private corporations and individuals in both the commercial and non-profit sector; Acted as counsel in areas that include: ● Constitutional Law ● Indigenous Law ● Charter of Rights ● Human Rights ● Labour Law and individual employment law; ● Corporate governance; ● Commercial Law ● Internet and E-Commerce Law ● Privacy Law ● Franchise Law ● Environmental Law (including counsel for Manitoba in major floodway expansion) ● Tax Law Page 3 of 14 Bryan P. Schwartz bryan-schwartz.com ● Arbitration ● Mediation ● Negotiation ● Trial Litigation ● Appellate Advocacy ● Legislative Policy and Drafting ● Pension law Legislative and Public Policy Development ● Worked on the development of law reform projects and legislation for numerous Canadian governments including: development of the Specific Claims Tribunal Act, various legislation in areas of open government, voting system reform, democratic reform, health care delivery Counsel or Presenter in Cases of Major Importance at the Supreme Court of Canada: ● Constitutional issues: Indigenous Rights, Charter and Division of Powers Moses, Kapp, Sappier and Gray, Mikisew, Marshall, Mitchell, Badger, Blackwater, God’s Lake First Nation, Pamajewon, Papaschase, Samson, Ermineskin ● Charter of Rights: Equality Granovsky ● Labour and Administrative Law Nor-man v Plaisir ● Acted on legal teams: Constitutional Division of Powers Patriation reference, Secession Reference, Lechasseur, Mutual Access v. McCutcheon ● Acted as counsel in many other levels of court in areas including: Constitutional (Charter, Division of Powers), Human Rights Law, Constitutional/Criminal Law, Labour Law, Administrative Law, Intellectual Property Law Academic Work Cited ● Supreme Court of Canada Sparrow, Kapp ● Federal Court Granovsky, Canadian Red Cross Society v. Canada (Commission of Inquiry on the Blood System in Canada – Krever Commission), Addy v. Canada (Commission of Inquiry into the Deployment of Canadian forces in Somalia – Létourneau Commission) Expert Opinion Cited By Courts or Legislators ● Opinion on the Constitutionality of Carbon Pricing Laws in Canada 2017 Cited by Minister of Justice, Province of Manitoba http://news.gov.mb.ca/news/index.html?item=42320 ● Specific Claims Tribunal Court 2015 Beardy’s & Okemasis Band No. 96 v Canada (Minister of Indian Affairs and Northern Development) ● U.S District Court of the Northern District of Illinois 1995 Matter of Extradition of Kulekowskis, 881 F. Supp. 1126 Labour Arbitration Decisions ● Pashe v Sioux Valley Dakota Nation 2019 Page 4 of 14 Bryan P. Schwartz bryan-schwartz.com ● Agri-Fresh Inc. v Lizotte 2019 ● Hicks v Winnipeg Exclusive Bus Tours Inc. 2018 ● Re Mallard and Prairie Flour Mills Ltd 2014 ● Re Vermette and Gambler First Nation 2013 ● Re God’s Lake First Nation and Nasee 2013 ● Hooke v. Dakota Tipi First Nation 2011 ● Harrison v. Canadian National Railway Co. 2010 ● Bartlett v. Arrowhead Development Corp. 2009 ● Big Freight Systems Inc v. Horowitz 2009 ● Boily v. ADM Milling 2007 ● Tacan v. Sioux Valley Dakota Nation 2007 ● Sinclair v. Lake St. Martin First Nation 2005, 2006 ● Biedrzycki v. Mishkeegogamang First Nation 2005 ● Rundle v. Lake St. Martin First Nation 2004 ● Hornemann v. All Rig Towing Service 2004 ● Traverse v. Lake St. Martin First Nation 2004 ● AD Ventures of Linden v. Antonation 2004 ● Monkman v. Anishanaabe Mino-Ayaawin 2004 ● Curtis v. All Rig Towing Service(A) 2004 ● Curtis v. All Rig Towing Service 2004 ● General Aviation v. Greaves 2003 ● Provider Express v. Dutchak 2003 ● Gamble v. TLC Transport 2002 ● Nasee v. Gods Lake First Nation 2002 ● Kent v. Buffalo Point First Nation 2001 ● Fehr v. CPRail PT.2 2001 ● Fehr v. CPRail 2000 ● Lynch and United Grain Growers 1998 ● Bushie and Hollow Water First Nation 1996 ● Caldwell and Arnold Bros 1996 ● Gershman Transport and Mitchell 1995 ● 2960941 Manitoba Ltd 1994 ● P.H. Foods and Swan 1993 ● Manitoba Telephone System Policy Grievance 1993 ● Notre Dame Medical Nursing Unit No. 19B and Smith 1993 ● Dominion Bridge Company and Bednarski 1993 ● Westfair Foods and Dalkie 1993 ● Liquor Control Commission of Manitoba and Trach 1992 ● Gateway Industries and Shields 1992 ● Manitoba Government Employees and Arnott 1992 ● Maple Leaf Foods and McCallum 1992 ● Dame Medical Nursing Unit No. 19B and Smith 1992 ● Westfair Food and Dalkie 1992 ● Victoria General Hospital and Passley et al 1992 Publications Over 250 publications including: Page 5 of 14 Bryan P. Schwartz bryan-schwartz.com ● Fourteen books, monographs or official reports as principal or co-author ● Fourteen books or special issues produced as editor and contributor; ● Founding editor of two journals, senior-co-editor of another, totaling approximately thirty volumes in all ● Over one hundred academic journal articles ● Over forty labour arbitration awards; ● Three major awards authored or co-authored as part of an international or interprovincial dispute resolution panel ● Over fifty op-ed pieces